2005 Collective Labor Agreement with INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL #2311 for MFD
COLLECTIVE LABOR
AGREEMENT
between
CITY OF MERIDIAN
and
MERIDIAN FIREFIGHTERS
I.A.F.F 0 LOCAL 2311
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Effective
October 1, 2005 - September 30, 2007
TABLE OF CONTENTS
AGREEMENT PREAMBLE ................................................,..................... .... ..... .............. 1
ARTICLE 1 - RECOGNITION ................................... ........................................ ..... ......... 1
ARTICLE 2 - DISCRIMINATION ............... .............. ....... ................. .............. ................ 1
ARTICLE 3 - PREVAILING RIGHTS ............................,................................................1
ARTICLE 4 - MANAGEMENT RIGHTS ..... ......... ........ ....... ....... ...... ...... .............. ..........2
ARTICLE 5 - UNION DUES, FEES and ASSESSMENT CHECK OFF ........................3
ARTICLE 6 - UNION BUSINESS ................................................ ................ .......... ..........3
ARTICLE 7 - PERSONNEL REDUCTION OR RESTRUCTURING ............................3
ARTICLE 8 - RULES AND REGULATIONS ........ ....... ............... ...... ...... ............ ............ 3
ARTICLE 9 - INSURANCE ...................... ......... ................................... ...... ......... ..... ....... 4
ARTICLE 10 - SICK LEAVE ...........................................................................................5
ARTICLE 11 - INJURY LEAVE .......................................................................................6
ARTICLE 12 - V ACA TION - EMERGENCY - INCIDENTIAL AND HOLIDAY
LEAVE ..... ............. ...... ............. ........ ...... ....... ........ ...... ...... ............. .........7
ARTICLE 13 - RELIEF PERSONNEL ......... ....... ............... ........ ...... ....... .......... ......... ...... 9
ARTICLE 14 - VACANCIES.... ...................... ..... ........... .............................. ........ ............ 9
ARTICLE 15 - PROMOTIONS . ....... ...... ............ ........ ....... ....... ....... ...... ...... ............. ........ 9
ARTICLE 16 - GRIEVANCE PROCEDURE ......... ....... ...... ........ ...... ...... .......... ......... ....1 0
ARTICLE 17 - NO STRIKES - NO LOCKOUT ...........................................................12
ARTICLE 18 - UNIFORM AND PERSONAL FIREFIGHTING EQUIPMENT
ALLOWANCE ...... ......... ............. .... ....... .................... ................. .......... 13
ARTICLE 19 - HOURS OF WORK AND DESIGNATED WORK HOURS ................14
ARTICLE 20 - BEREAVEMENT LEAVE .... ......... ........ ...... ....... ...... ...... .......... ......... ...14
ARTICLE 21- ADDITIONAL DUTY AND COMPENSATION .................................14
ARTICLE 22 - WORKING OUT OF CLASSIFICATION .....,......................................15
ARTICLE 23 - STAFFING ....... ........ ..... ............ ........ ....... ....... ....... ...... ..... .......... ......... ..16
ARTICLE 24 - SALARIES .... ....... ...... ...... ............ ........ ...... ........ ...... ...... ...... .......... ........ 16
ARTICLE 25 - ALCOHOL & DRUG POLICY .............................................................17
ARTICLE 26 - SAVINGS CLAUSE ..............................................................................17
ARTICLE 27 - EFFECTIVE DATE .........,......................................................................17
APPENDIX "A" - WAGE SCHEDULE
APPENDIX "B" - DRUG & ALCOHOL POLICY
1 AGREEMENT PREAMBLE
2 The City of Meridian, hereinafter referred to as the CITY, and the Local #2311
3 International Association of Firefighters, hereinafter referred to as UNION, with the
4 Management of the Fire Department, empowered by the CITY, to the Fire Chief,
5 hereinafter referred to as DEPARTMENT; in order to increase the general efficiency
6 within the Fire Department, to maintain existing harmonious relationship between the
7 DEP AR TMENT and its employees, and to promote the morale, rights, and well-being of
8 the members of the Fire Department, hereby agree as follows:
9
10 ARTICLE 1 - RECOGNITION
11 Pursuant to Title 44, Chapter 18, Section 1, Sub-section 1 (44-1801(1)) of the
12 Idaho Code the CITY recognizes the UNION as the exclusive bargaining agent for all
13 firefighters as defined by said code excluding any clerical support staff.
14
15 ARTICLE 2 - DISCRIMINATION
16 There shall be no discrimination against, intimidation, or harassment of any
17 employee by either the CITY, DEPARTMENT, or UNION or any member acting on
18 behalf of the UNION, because of the employee's membership or non-membership in the
19 UNION or by virtue of his/her holding office or not holding office in the UNION.
20 The CITY and the UNION agree that neither shall discriminate against any
2 I employee or prospective employee with respect to his/her compensation, terms,
22 conditions, or privileges of employment because of such employee's race, color, religion,
23 sex, national origin, age, or other factors which do not constitute a bona fide occupational
24 requirements. It shall be the exclusive responsibility of the DEPARTMENT to determine
25 bona fide occupational requirements within the meaning of this Article.
26
27 ARTICLE 3 - PREVAILING RIGHTS
28 All rights, privileges and benefits held by the firefighters at this time which are
29 not included in this contract shall remain in force, unchanged and unaffected in any
30 manner unless agreed to and memorialized in writing by both parties to the Agreement,
3 I provided that the Management of the Department may change or cancel any such right,
32 privilege or benefit 1) temporarily to accommodate an emergency situation; or 2) when
COLLECTIVE LABOR AGREEMENT-page 1 of 17
1 shown to be a necessity for the best interest of the City or the Department, provided
2 further that any change, cancellation or alteration of any such right, privilege or benefit
3 cannot be done arbitrarily, for retaliation, for the purposes of harassment, or in a manner
4 resulting in disparate treatment, and must be with just cause by Management. Any
5 change shall be subject to the Grievance Procedure. Nothing in this Article is intended to
6 supersede the City's obligation to negotiate pursuant to the provisions of Section 18, Title
7 44, Idaho Code, or to supersede any other terms or conditions of this Agreement.
8
9 ARTICLE 4 - MANAGEMENT RIGHTS
10 The DEP AR TMENT shall have the exclusive right to exercise the regular and
11 customary functions of management, subject to the provisions of this Agreement and
12 consistent with applicable law and regulations, including, but not limited to: Determining
13 the DEP AR TMENTS financial, budgetary, accounting and organizational policies and
14 procedures; Directing the activities and operations of the DEPARTMENT; Determining
15 the levels of service and methods of operations; To create and oversee personnel policies,
16 rules and regulations not consistent with any other term of this Agreement; The
17 introduction of new equipment; The right to hire, lay-off, transfer and promote; To
18 discipline and discharge employees for cause; To determine work schedules and assign
19 work; To determine job qualifications; To take whatever action may be necessary to carry
20 out its mission. Provided that nothing in this Article shall nullify: (I) Any provisions
21 elsewhere in this agreement, or (2) The City's statutory obligation to negotiate with the
22 Union Pursuant to Chapter 18, Title 44, Idaho Code. Any change or cancellation of any
23 such right or privilege that is provided within Idaho Code shall be subject to the
24 grievance procedure.
25 The terms hereof are intended to cover only minimums in wages, hours, working
26 conditions, benefits, and other terms and conditions of employment. The City may place
27 superior wages, hours, working conditions, benefits and other terms and conditions of
28 employment in effect and may reduce the same to the minimums herein prescribed.
29 This Article shall not preclude the Union and the City from meeting during the
30 period of the contract to either (I) discuss procedures for avoiding grievances and other
31 problems, or (2) generally improving relations between the parties.
32
COLLECTIVE LABOR AGREEMENT-page 2 of 17
ARTICLE 5 - UNION DUES, FEES and ASSESSMENT CHECK OFF
2 The CITY agrees to deduct authorized union dues, fees and assessments In
3 amounts specified by the authorized officer of the UNION, from the pay of the UNION
4 employees upon written authorization. The CITY further agrees to transmit those
5 amounts monthly to the UNION. The UNION agrees to certify to the CITY the amount
6 of authorized dues, fees and assessments. The CITY will show deductions of dues, fees
7 and assessments on the employee's monthly check stubs.
8
9 ARTICLE 6 - UNION BUSINESS
10 Firefighters elected to UNION office shall be granted time off to attend functions,
11 conventions and seminars within the State of Idaho, provided that the Fire Chief is given
12 seventy-two (72) hours notice and approves such leave. Up to three (3) members of the
13 Union's Contract Negotiation Committee shall be allowed time off either as leave
14 without payor vacation time at the employee's discretion, for all meetings with the CITY
15 for contract negotiations, for union conventions and for union seminars mutually set by
16 the CITY and the UNION.
17
18 ARTICLE 7 - PERSONNEL REDUCTION OR RESTRUCTURING
19 In case of personnel reduction, the member with the least seniority shall be
20 released first. No new employees will be hired until the furloughed members have been
21 given the opportunity to return to work.
22 If at any point a restructuring causes a decrease in an employee's rank as justified
23 due to Fire Department adjustments, that person will assume the next available opening
24 in that rank
25 Seniority being considered: skills, qualifications and abilities are the determining
26 factors. The DEP AR TMENT shall be the sole judge of skills, qualifications and abilities.
27
28 ARTICLE 8 - RULES and REGULATIONS
29 The rules and regulations and policies of the DEPARTMENT relating in any way
30 to wages, hours and/or conditions of employment shall be made a part of this Agreement.
31 The rules and regulations of the DEPARTMENT as provided in Idaho Code shall be
32 subject to change by mutual consent.
COLLECTIVE LABOR AGREEMENT-page 3 of 17
1 ARTICLE 9 - INSURANCE
2 During the term of this Agreement, the CITY shall pay 100% of the employee
3 premiums for health, worker's compensation, dental, life, and short & long-term
4 disability insurance. The CITY shall pay the same premium and provide identical
5 coverage to the UNION for health insurance that is given to other city employees. The
6 coverage shall be comparable to the current coverage in policies, in existence as of the
7 effective date of this agreement. The CITY will pay 80% of the same premium for the
8 family health and dental in the same manner that it pays for other city employees. This
9 provision will be reviewed on an annual basis after quotes for insurance are received to
10 determine what adjustments may be needed to employee contributions to the plan. The
11 CITY further agrees to cover increases in premiums for employees up to 8.5% not to
12 exceed $15.00 per month or $180 per year. However, adjustments in coverage may be
13 necessary if premiums quoted are above that amount. Any adjustments will not exceed
14 adjustments made to other city employees. The CITY reserves the right to make changes
15 in carriers, premiums and provisions of these programs when deemed necessary or
l6 advisable. The City of Meridian agrees to establish an insurance review committee that
17 will review the employee's insurance coverage on an annual basis and make
18 recommendations to the City Council. The UNION will be given a position for a
19 representative on the committee with the understanding that this member does not have
20 bargaining power for the UNION.
21
22 9.1 Survivor's Health Insurance or Survivor's Benefit
23 In the event that a firefighter dies in the line of duty, the CITY agrees to pay the
24 cash value of 50% of the accumulated sick leave remaining to the survivor of the
25 firefighter; either to the spouse, or dependant children at the survivor's choice in the
26 following manner:
27 a. Paid in one lump sum to the party or their designated trustee or representative;
28 or
29 b. Applied towards continuing health insurance coverage for the survivor, if the
30 family had been insured with the City at the time of death. After the exhaustion
31 of the value of the 50% accumulated sick leave benefit, the party may continue
32 with COBRA coverage as allowed by law, at their own expense.
COLLECTIVE LABOR AGREEMENT-page 4 of 17
1 9.2 Post Employment Health Program
2 When a firefighter retires from active duty, by qualifying under the rules existing
3 under the Public Employee Retirement System (PERSI); by points, age, medical
4 disability, or by any method in existence at the time of retirement allowed by PERSI, the
5 CITY agrees to apply the cash value equivalent of twenty-five percent (25%) of the
6 accumulated sick leave remaining for that firefighter in their personal accrual account
7 with the CITY, towards continuing health insurance coverage for that retiree. After the
8 exhaustion of the value of the twenty-five (25%) accumulated sick leave benefit, the
9 retiree may continue under COBRA coverage as required by law, at their own expense.
10 The CITY will make all reasonable efforts during the term of this agreement to
1 I create a citywide post employment health benefit for all employees that may be
12 considered by the UNION. In the event a program is created and approved by the CITY
13 the UNION will have the option to re-open this agreement and substitute the citywide
14 program in lieu of this Program in Article 9.2 without penalty.
15
16 ARTICLE 10 - SICK LEAVE
17 Any member of the UNION incurring a non-duty sickness or disability which
18 renders them unable to perform their duties shall receive sick leave with full pay within
19 his/her accumulated sick leave time. UNION members shall accrue fourteen (14) hours
20 per month beginning October 1, 2005. The maximum time accumulated shall be 2920
21 hours.
22 Any UNION member whose employment with the CITY is discontinued shall be
23 paid, at their regular wage rate, for 10% of their accrued sick leave at the date of
24 separation. If an employee is involuntarily terminated by the CITY, no pay will be given.
25 Any UNION member unable to perform their duties for more that three (3)
26 consecutive shifts due to non-duty sickness or disability shall be required to provide
27 medical documentation from their attending physician that states that the employee is
28 unable to perform their regular duties or any limitations that may exist and the expected
29 length of time before the employee can return to full duty. Any employee may be
30 required to provide a physician certificate prior to the use of three (3) consecutive work
31 shifts to ensure compliance with the provisions of the Family Medical Leave Act
COLLECTIVE LABOR AGREEMENT- page 5 of 17
(FMLA). An employee on medical, injury or incidental leave will not accrue any sick
2 leave benefits for leave that exceed six (6) or more consecutive work shifts.
3
4 ARTICLE 11 - INJURY LEA VE
5 When a firefighter is incapacitated on the job the firefighter shall be entitled to
6 injury leave with full monthly pay without reduction which includes the wage scale in
7 APPENDIX A, during the time period in which the firefighter is unable to perform their
8 duties or until such time as the firefighter is accepted for retirement by the. current
9 retirement system. The period of injury leave is limited to a maximum of twelve (12)
10 months and any Worker's Compensation benefits received by the member for total or
11 partial temporary disability during the employee's injury leave with full pay shall be
12 turned over to the CITY. All employees on injury leave shall be subject to an
13 examination by a Doctor acceptable to the CITY.
14 Whenever a firefighter is unable to perform their full duties as a result of a "line
15 of duty" injury or illness, the firefighter may be required to report to work in a light duty
16 status if management determines that light duty work exists or is available at that time.
17 Management has the right to determine if light duty exists.
18 The DEPARTMENT reserves the right to re-assign work schedules as necessary
19 when assigning light duty. This right shall include, but not be limited to changing days of
20 work, hours of work, and type of work to be performed. If light duty extends beyond the
2 I current month (begins in one month and extends into another), the firefighter will only
22 accumulate leave benefits at same accrual rate of a general city "forty (40) hour per
23 week" employee until light duty ends. When the firefighter returns to regular duty
24 assignment the normal leave benefits will begin to accrue immediately. If the return to
25 duty occurs within the month then the CITY will pro-rate their accrual of leave within
26 that month between a general employee rate and the firefighter rate.
27 Assigned light duty shall be strictly limited to instructions, restrictions, or
28 limitations provided by the sick or injured employee's medical doctor regarding their
29 physical or mental status. The firefighter must provide a Doctor's release to the Fire
30 Chief or designee stating what limitations or functions the firefighter is able to perform
31 and for how long (hours per day or per shift, days or shifts per month, etc.)
COLLECTIVE LABOR AGREEMENT-page 6 of 17
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Assigned light duty shall in no way endanger, aggravate or prolong the full
physical and/or mental recovery ofthe sick/injured employee.
Light duty shall in no way affect the existing vacation, holiday, sick leave or other
benefit accrual as previously agreed to or provided for by this agreement or by past
practice of the management except for the exceptions as provided within this Article.
ARTICLE 12 - VACATION - EMERGENCY - INCIDENTAL AND HOLIDAY
LEAVE
12.1 Vacation Leave
All twenty-four (24) hour shift employees covered by the terms of this Agreement
shall accrue paid vacation leave on monthly basis according the following schedule:
A. Zero to four (0-4) years of service
B. Five to nine (5-9) years of service
C. Ten to fourteen (10-14) years of service
D. Fifteen to nineteen (15-19) years of service
E. Twenty (20) and over years of service
16 hours per month
18 hours per month
20 hours per month
22 hours per month
24 hours per month
Maximum hours accrued shall be 720 hours. Any amount over the maximum will
be lost. Any firefighter, whose employment with the DEPARTMENT is discontinued,
for any reason, shall be paid at their wage rate, at time of separation, for all accrued and
accumulated vacation.
Vacation usage shall be governed by departmental policy, but no more than
three (3) firefighters shall be allowed to use vacation or incidental leave per shift
unless directed by a change in the departmental policy.
12.2 Emergency Leave
In the event of an emergency, a firefighter shall be granted leave for a minimum
of four (4) hours and until the emergency no longer exists and the firefighter can return
and perform their job as required. The firefighter's station captain shall have the
authority to grant the immediate leave and will coordinate with the Chief or his designee,
(the Station # 1 Captain), to acquire a replacement firefighter pursuant to this Agreement
and Departmental policy.
COLLECTIVE LABOR AGREEMENT-page 7 of 17
1 An "Emergency" for the purposes of this clause shall be a matter that could not
2 have been anticipated or known prior to the beginning of the firefighter's shift and should
3 in the discretion of the station captain be a matter of concern of great bodily harm to the
4 firefighter or their immediate family; a matter of great property loss or damage to the
5 firefighter and should only be granted in the most extraordinary of circumstances.
6 When practical the Fire Chief will be notified of the granting of Emergency
7 Leave, and if applicable, the possible length of said leave.
8 12.3 Incidental Leave
9 Incidental leave is defined as time off not previously scheduled during the
10 vacation schedule process pursuant to departmental policy. Incidental leave usage shall
II be governed by departmental policy, but no more than three (3) firefighters shall be
12 allowed to use incidental or vacation leave per shift unless directed by a change in
13 the departmental policy.
14 Incidental leave shall be granted at the discretion of the Fire Chief or designee.
15 The Station # 1 Captain will be the departmental designee for the purpose of contacting
16 relief personnel as necessary, pursuant to the terms of this Agreement.
17 Incidental leave may be granted at any time, up to and including the day
18 requested, as long as no more than three firefighters have been granted vacation or
19 incidental leave on the requested day. Incidental leave will be granted for a minimum
20 four (4) hours.
21 12.4 Holiday Leave
22 All firefighters shall accrue and receive eight (8) hours paid leave for each of the
23 holidays listed below and any additional days recognized by the State of Idaho. AU
24 holiday time shall be in addition to the employee's accumulated vacation leave, and shall
25 accrue as each holiday occurs. All twenty-four (24) shift employees shall have the
26 holiday leave added to their vacation leave. All employees shall be entitled to ten (10)
27 holidays per calendar year as listed below:
28 NEW YEAR'S DAY LABOR DAY
29 CIVIL RIGHTS DAY COLUMBUS DA Y
30 PRESIDENT'S DAY VETERAN'S DAY
31 MEMORIAL DAY THANKSGIVING DAY
32 INDEPENDENCE DAY CHRISTMAS DAY
COLLECTIVE LABOR AGREEMENT-page 8 of 17
1 ARTICLE 13 - RELIEF PERSONNEL
2 The DEPARTMENT will provide qualified relief personnel with full-time
3 employees, Monday through Friday, if possible. On-call personnel will be used first
4 choice on weekends, if possible. Sufficient relief personnel shall be used to maintain
5 normal coverage of each shift period of vacation, holidays, sick leave, and fire related
6 education. Relief personnel may include current department personnel working out of
7 classification in a higher ranked position, pursuant to this Agreement. Relief personnel
8 can also be part-time paid personnel who have been certified as qualified through the
9 training program established by the DEPARTMENT. Part-time paid personnel can only
10 serve as relief in a Firefighter position, but not as Captain or Driver.
11
12 ARTICLE 14- VACANCIES
13 Any unfilled position caused by termination, retirement, promotion or otherwise,
14 except for personnel reduction as provided elsewhere in this Agreement, shall be filled
15 from a hiring list of eligible applicants on file for that position. Promotions and
16 vacancies for the position of Driver, Captain and any other positions added to the ranks of
17 the DEP AR TMENT which pertain to shift personnel shall be filled from the current ranks
18 of full-time personnel of the Meridian Fire Department. After the test is given and if
19 appropriate training has been provided for the position tested and there are no successful
20 candidates a second test will be given and if there are still no successful candidates for
21 these positions, management has the right to hire outside of the Meridian Fire Department
22 to fill the open position(s). All promotional examinations shall be given and vacancies
23 filled within 90 days.
24 It shall be the exclusive responsibility of the DEPARTMENT to determine bona
25 fide occupational requirements within the meaning of this Article.
26
27 ARTICLE 15 - PROMOTIONS
28 Eligibility tests for promotion and newly created positions shall be based on
29 examinations given. To be considered for promotion the employee must have served one
30 continuous year in the previous position. All promotional lists will become effective
31 June 1 sl of the year that they are given and will expire on May 3151 of the year that the
32 subsequent test is given.
COLLECTIVE LABOR AGREEMENT-page 9 of 17
1 Examinations will be given once every two (2) years for Drivers; and will be
2 given in the spring of each year. For the positions of Officers, the examination will be
3 given every two (2) years in the spring. The next testing for Drivers will be in 2006 and
4 for Officers in 2007, and so forth thereafter.
5 An accurate bibliography and scoring criteria for the positions being tested shall
6 be given to the eligible candidates a minimum of ninety (90) days prior to the test date.
7 In the event of an opening/vacancy for a position in which there are no qualified
8 candidates on the current promotion/eligibility list of that position, a special test may be
9 given, by mutual consent of both parties, to fill the vacancy/opening.
10 All examinations shall be impartial and shall relate to those matters which will
I I test fairly the candidate's ability to discharge the duties of the position to be filled.
12 It shall be the exclusive responsibility of the DEPARTMENT to determine bona
l3 fide occupational requirements within the meaning of this Article. The DEPARTMENT
14 shall be the sole judge of skills, qualifications and ability. Seniority for promotions will
15 be one-half (1/2) point per year of service up to the maximum of five (5) points.
16 Promotional examinations shall consist of a written test and assessment center. A
17 minimum of 70% will be required to pass each portion of the promotional examination.
18 Seniority points will be added after successfully passing the examination. The following
19 formula will be used to determine the candidate's final score on promotional
20 examinations.
21 Example: 81,0% Written Examination
22 + 75.0% Assessment Center
23 /2= 78.0%
24 + 4.0 Seniority Points (8 year's service)
25 82.0 Final Score
26
27 ARTICLE 16 - GRIEVANCE PROCEDURE
28 Disputes or differences arising between the DEP AR TMENT and the UNION
29 and/or individual members of the Fire Department as to the meaning or application of any
30 provision of the Agreement or of the Rules and Regulations of the Fire Department (as
31 provided in Article 8), relating in any way to employees' wages, hours and lor conditions
COLLECTIVE LABOR AGREEMENT-page 10 of 17
1 of employment, shall be settled in the mam1er provided herein. For the purpose of this
2 provision, such a dispute or difference shall be referred to as a "Grievance."
3 Step One: Any employee who has a grievance shall notify the Union Grievance
4 Committee in writing within ten (10) business days from the date of the grievance, or ten
5 (10) business days from the time the employee, through reasonable diligence, should
6 have been aware of it. The Union Grievance Committee, hereinafter referred to as
7 UNION, shall within the next then (10) business days determine if the grievance has
8 merit. If in its opinion, the grievance does not have merit, no further action shall be
9 necessary.
10 Step Two: If it is the opinion of the UNION that a valid grievance exists, the
11 UNION shall present the grievance in writing to the Fire Chief within ten (10) business
12 days after their decision. All parties to such discussion will make a good faith effort to
13 resolve the grievance. The Fire Chief thereafter shall give his/her reply in writing within
14 ten (10) business days from the receipt of the written grievance.
15 Step Three: If the grievance has not been resolved in Step Two, the UNION shall
16 present the grievance in writing to the DEP AR TMENT within ten (10) business days
17 from the receipt of the Fire Chiefs written reply. All parties to such discussion will
18 make a good faith effort to resolve the grievance. The DEP AR TMENT thereafter shall
19 give its reply in writing within ten (10) business days.
20 Step Four: If the grievance has not been resolved at the appropriate lower
21 Step(s), either the UNION or DEPARTMENT may within ten (10) business days refer
22 the grievance to an Arbitrator by serving written notice upon the other.
23 The UNION and the DEPARTMENT shall both select an individual to represent
24 their interests in the grievance process. The individuals may not be members of, or
25 employees of either the UNION or the DEPARTMENT. These two individuals shall
26 request Director of the Department of Labor and Industrial Services of the State of Idaho
27 to supply a list of seven (7) proposed arbitrators, none of the seven (7) shall be
28 individuals that have represented either the UNION or the DEPARTMENT. Within five
29 (5) business days after receipt of this list the UNION'S representative and the
30 DEPARTMENT'S representative shall select an Arbitrator by alternately striking one (1)
31 name at a time from the list until only one (1) name remains. The party striking the first
COLLECTIVE LABOR AGREEMENT-page 11 of 17
1 name shall be determined by a coin toss. Both parties shall accept the name remaining on
2 the list as the Lead Arbitrator.
3 The Arbitration Board shall conduct a hearing and shall render a decision in
4 writing, which shall be final and binding on both parties, subject only to the parties' right
5 to seek vacation or modification to the Arbitration Board award pursuant to the
6 provisions of Chapter 9, Title 7 Idaho Code.
7 The Arbitration Board shall have only such jurisdiction and authority to interpret
8 and apply the provisions of the Agreement as shall be necessary to the determination of
9 the arbitration issue. The Arbitration Board shall not have any power to add or subtract
10 from, modify or alter in any way, the provision of this Agreement. The cost of arbitration
11 shall be borne equally by the CITY and UNION
12
13 ARTICLE 17 - NO STRIKES - NO LOCKOUT
14 Upon the consummation and during the term of this Agreement, no member of the
15 Fire Department covered by this Agreement shall strike or recognize a picket line of any
16 labor organization while in the performance of his/her official duties, in accordance with
17 Idaho Code Section 44-1811.
18 It is mutually agreed that there shall be no strike authorized by the UNION and no
19 lockout authorized by the CITY, except for the refusal of either party to submit to or
20 abide by the grievance procedure set forth herein. No picket line, at or around the City's
2] property, established by any other person or organization shall be sanctioned or honored
22 during the term of this Agreement.
23 The UNION agrees that as part of the consideration for this Agreement, it will,
24 within twenty-four (24) hours take steps to end any unauthorized work stoppages, strikes,
25 slow-downs or suspensions of work, instructing their members to work immediately. The
26 UNION agrees that it will not assist employees participating in unauthorized work
27 stoppages, strikes, slow-downs or suspensions of work. For purposes of this section, the
28 term "strike" shall include a cessation or stoppage of work, slow-down, sit-in and
29 picketing of the City's premises.
30
COLLECTIVE LABOR AGREEMENT-page 12 of 17
ARTICLE 18 - UNIFORM AND PERSONAL FIREFIGHTING EQUIPMENT
2 ALLOW ANCE
3 All employee uniforms shall meet National Fire Protection Association (N.F.P.A.)
4 1975 minimum requirements for station uniform wear. The brand, style, materials and
5 color of uniforms shall be reviewed annually by the Uniform Committee. The
6 Committee shall be comprised of two (2) UNION members and one (1) member of
7 management designated by the Fire Chief. The Committee may recommend changes, but
8 the final decision shall be at the discretion of the Fire Chief.
9 Under this article the CITY shall provide each employee with $725.00 credit per
10 fiscal year for the purchase of station uniform wear or personal fire fighting equipment for
lIon-duty use (i.e. flashlights, firefighting tools or equipment, etc.). New firefighters will
12 be given $800.00 credit, for the same purpose, immediately following their hire date. On
13 the firefighter's anniversary date, of the first year of service, the firefighter shall receive
l4 $60.00 credit for each month between the anniversary dated and the CITY'S fiscal year
15 end. As long as the items purchased are used and consumed during the normal course of
16 employment, the City will allow the firefighter to maintain the station wear and
17 equipment personally.
18 Any unused portion of the Uniform and Personal Firefighting Equipment
19 allowance will be carried over to the following year's uniform allowance. Firefighters
20 shall not be allowed to exceed their allotted allowance. Any overage needs to be paid
21 from the Firefighter's next paycheck. This can only occur once. The ability to charge
22 shall cease until the next fiscal year.
23 The CITY will make all reasonable efforts during the term of this agreement to
24 create a different purchasing and invoicing system that may be considered by the
25 UNION. The City will make all reasonable efforts to institute a debit or credit card
26 system that will meet the accounting needs of the City without significantly hindering the
27 usual historical practice of purchases. In the event a program is created and approved by
28 the UNION and the CITY, during the course of this Agreement, will have the option to
29 re-open this agreement and substitute the CITY program in lieu of this program without
30 penalty.
31
COLLECTIVE LABOR AGREEMENT- page 13 of 17
1 ARTICLE 19 - HOURS OF WORK AND DESIGNATED WORK PERIODS
2 The designated work period for all Fire Department personnel covered under this
3 Agreement shall be on a twenty-seven (27) day cycle with coverage at 216 hours. Under
4 the Fair Labor Standards Act (FLSA) 204 actual hours worked will be paid at the regular
5 hourly rate and twelve (12) hours paid at the overtime rate if no excluded hours under the
6 Act has been taken. Overtime shall also be paid for time worked off the Firefighter's
7 normally scheduled shift, other than a "shift trade."
8 The regular work schedule for suppression personnel shall be three (3) shifts on
9 duty every other day and four (4) days off. A shift shall be twenty-four (24) hours of
10 duty, starting at 0700. For illustrative purposes, the regular work schedule for
11 suppression personnel is listed below with an X representing an on-duty shift and a y
12 representing and off-duty shift.
13 XYXYXyyyy
14
15 ARTICLE 20 - BEREAVEMENT LEAVE
16 In the event of a death in the UNION member's immediate family, they shall be
17 entitled to twenty (24) hours and up to forty-eight (48) hours bereavement leave at the
18 discretion of the Chief. Additional leave may be granted from accrued vacation leave or
19 unpaid leave of absence. Sick leave may also be granted at the discretion of the Fire
20 Chief or designee.
21 For purposes of this article, immediate family shall be defined as current spouse,
22 children, parents, in-laws, brother, sister, grandparents, or grandchild of the employee. In-
23 laws are defined as a father, mother, or grandparents of current spouse, or sister and
24 brother in-law of the employee. Adopted or "step" relationships will be considered same
25 as any other family relationship.
26
27 ARTICLE 21 - ADDITIONAL DUTY AND COMPENSATION
28 Any firefighter reporting for duty while off-duty shall have all of the benefits that
29 he/she would normally have while on his/her regular tour of duty. All additional
30 compensation accumulated by a firefighter shall be due and payable in their next pay
31 period.
32
COLLECTIVE LABOR AGREEMENT- page 14 of 17
1 21.1 Definition of Overtime and Compensation
2 Overtime pay shall be paid as defined by Aliicle 19 of this agreement.
3 Firefighters shall receive overtime pay at one and one-half times (1 1/2) his/her
4 normal rate of pay for all overtime worked.
5 21.2 Definition of Call Back and Compensation
6 Call Back shall be when a firefighter is requested to return to work by the
7 DEP ARTMENT at a time that the firefighter was not scheduled to work.
8 The firefighter shall receive a minimum of four (4) hours of pay, from the time
9 they receive the call, for a call back. Additional calls during that initial four (4) hours
10 will not be further compensated. Any time worked after the first four (4) hours will be
11 compensated in one-half (1/2) hour increments, rounded up. Any firefighter reporting for
12 duty while off-duty shall have all of the benefits that he/she would normally have while
13 on his/her regular tour of duty. All additional compensation accumulated by a firefighter
14 shall be due and payable in their next pay period
15 Overtime pay shall be paid as defined by Article 19 of this agreement.
16 Firefighters shall receive overtime pay at one and one-half times (1 1/2) his/her
17 normal rate of pay for all overtime worked.
18 21.3 Definition of Holdover and Compensation
19 Holdover shall be when a firefighter regularly scheduled duty is extended from
20 the end of the shift by the DEPARTMENT.
21 Any time worked as holdover will be compensated In one-half (1/2) hour
22 increments, rounded up to the next half-hour.
23
24 ARTICLE 22 - WORKING OUT OF CLASSIFICATION
25 All employees of the DEPARTMENT covered by this Agreement, who have
26 tested and are qualified as to meeting the eligibility requirements set forth by this
27 Agreement, and are on the current eligibility list for promotion to the higher ranked
28 position, when necessary, must accept, and assume the duties of the higher ranked
29 position when it is available. No more than one person working in a higher ranked
30 position will be allowed on a company at a time, unless an extreme or emergency
31 situation exists.
32
COLLECTIVE LABOR AGREEMENT-page 15 of 17
After the completion of the promotional exams the employee may opt to remain
2 on the eligibility list or may choose to be removed at that time. At any time during the
3 life of the eligibility list the employee may opt, at their sole discretion, to have their name
4 removed. In either circumstance removal from the list will be final and the employee
5 may re-test during the next testing period for promotion to that grade.
6 The right to use personnel will be current full-time department personnel working
7 out of classification in a higher or lower ranked position, as set forth above. If an
8 employee were to work in a lower ranked position they would be paid at their.current
9 rate, not the lower wage. Each employee assuming the higher ranked duties shall be paid
10 at the wage scale of the higher position or rank, for the time worked at that position or
11 rank. Any time worked out of classification will be compensated in one-half (1/2) hour
12 increments, rounded up to the next half-hour.
13
14 ARTICLE 23 - STAFFING
15 The DEPARTMENT maintains the right to assignment and staffing of stations,
16 engines, and companies. Consideration will be given for employees to request station
17 and shift assignments annually on a seniority basis. The method for request or selection
18 will be established by departmental policy. The DEP AR TMENT retains the final
19 authority for all staffing and shift assignments. Each station shall have assigned
20 personnel sufficient to be able to staff a minimum of one (1) firefighter, one (1) driver,
21 and one (1) officer daily. Whenever circumstances exist that cause a station to fall below
22 that minimum; management reserves the right to re-assign personnel (including select
23 command officers at the Chiefs discretion), exercise "call-back", exercise "holdover",
24 exercise "working out of classification", or in extreme or emergency circumstances, take
25 an engine out of service temporarily until appropriate personnel are available. Stations or
26 engines will only be taken out of service long enough to return the necessary personnel to
27 staffthem.
28
29 ARTICLE 24 - SALARIES
30 Wages for all UNION members shall be as fixed and set forth in APPENDIX A,
31 attached hereto.
32
COLLECTIVE LABOR AGREEMENT-page 16 of 17
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17
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24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
ARTICLE 25 - ALCOHOL & DRUG POLICY
2 The DEPARTMENT and its UNION members agree to abide by the City of
3 Meridian's Alcohol and Drug Policy. The policy in effect at the time of the execution of
4 this contract is included in this agreement as APPENDIX B. It is agreed that changes
5 made to this policy, shall not apply to the UNION without written consent of its
6 members.
7
8 ARTICLE 26 - SAVINGS CLAUSE
9 If any provisions of this Agreement or the application of such provision should be
10 rendered or declared invalid by any court having jurisdiction, or by reason of any existing
11 or subsequently enacted legislation, the remaining parts or portions of this Agreement
12 shall remain in full force and effect.
ARTICLE 27 - EFFECTIVE DATE
The Collective Labor Agreement shall become effective October 1, 2005 and
remain in full force and effect through September 30, 2007.
This agreement may be re-opened at any time for negotiations on any mutually
agreed upon item(s), pursuant to the procedures set forth in Chapter 18, Title 44, Idaho
Code. This may include items contemplated within this agreement that may require
amendment or change during the course of this Agreement.
DATED AND SIGNED this _ day of November, 2005.
CITY OF MERIDIAN
IAFF LOCAL #2311,
MERIDIAN CHAPTER
BY:~
Ta e-W"eerd ~ Lance Smith
Mayo '/J . - ,." .,IIIII/lliYtjce-President
0j?prOWrL 6/1 t;~ ~CGi!: ~/~'JJfJ ' Iflllll"
ATTEST: ~N"'f!JiS:,. f v%
'.::il ,;
~ ~- ~ ~
~ v ~
By'
-
-
APPENDIX "A"
WAGE SCHEDULE
All "Firefighter" levels listed below are State ofIdaho Certification levels and must be served in
one (1) continuous year before being eligible for promotion pursuant to Article 15, except for
Probationary Firefighter, who are eligible for promotion to Firefighter I after six months.
Wage Scale - The job classification and wage rates for employees covered by this Agreement
shall be as follows:
Job Titles
EFFECTIVE DATES
10/1/2005 (+5%) 10/112006 (+5%)
$12.74 hourly $13.37 hourly
$2925.42 monthly $3071.67 monthly
$35,105 annually $36,860 annually
$13.75 hourly $14.43 hourly
$3157.08 monthly $3314.92 monthly
$37,885 annually $39,779 annually
$16.14 hourly $16.95 hourly
$3706.92 monthly $3892.25 monthly
$44,483 annually $46,707 annually
$17.80 hourly $18.69 hourly
$4087,25 monthly $4291.58 monthly
$49,047 annually $51,499 annually
$19.20 hourly $20.16 hourly
$4408.67 monthly $4629.08 monthly
$52,904 annually $55,549 annually
$21.38 hourly $22.45 hourly
$4909.75 monthly $5155.17 monthly
$58,917 annually $61,862 annually
Introd uctory /Pro bationary
Firefighter I
Firefighter II
Firefighter III
Driver
Captain
Educational Pay: All employee's that have furthered their education and have acquired the
following degrees that are related to the fire service, shall be paid the following amounts monthly
in addition to the salaries listed above.
Associate's Degree:
Bachelor's Degree:
Mater's Degree:
$25.00
$50.00
$75.00
Paramedic Pay: All employees's that are Certified Paramedics by the State ofIdaho shall
receive the following amount monthly in addition to the salaries listed above:
$400.00
This amount shall only be available from IntroductorylProbationary level up to and including
Driver. Captains and above shall not receive Paramedic pay.
APPENDIX "AU - WAGE SCHEDULE
APPENDIX "B"
CITY OF MERIDIAN
STANDARD OPERATING POLICY AND PROCEDURE
NUMBER 7.1
SUBJECT: DRUG AND ALCOHOL POLICY
PURPOSE: To outline the goals and objectives of the City's drug and alcohol testing
program and to provide guidance to supervisors and employees concerning
their responsibilities for carrying out the program. For the purpose of this
policy volunteers are stated as employees. This policy applies to all regular
full-time, part-time, introductory, temporary, and seasonal or contract
employees, volunteer firefighters, police reserve officers and all job
applicants.
BARGAINING UNIT EMPLOYEES (FIRE)
The collective labor agreement shall govern the alcohol/drug
program/policy for Fire department employees who are represented by the
bargaining unit. Represented employees should refer to the labor agreement,
Appendix B.
POLICY:
In recognition of the harmful effects that the use of illegal drugs and the
misuse of alcohol can have on employees in the workplace, the City of
Meridian has a responsibility to provide and maintain a safe, secure,
productive and efficient work environment free of the use, sale or
possession of alcohol and controlled substances. The City of Meridian is
committed to promoting and maintaining a drug free work environment for
our employees, and members of the general public. Furthermore, the City
has an obligation to protect the City's property, equipment, operations and
reputation.
Being under the influence of alcohol or an illegal drug or improper use of a
prescription drug on the job poses serious safety and health risks to the user
and to all those who work with the user. The use, sale, purchase, transfer, or
possession of an illegal drug in the workplace, and the use, possession, or
being under the influence of alcohol in the workplace also poses
unacceptable risks for safe, healthful, and efficient operations.
This Drug-Free Workplace Policy is not intended to replace or supersede
testing, reporting, and procedures mandated by federal and state rules,
regulations or laws that relate to the maintenance of a workplace free from
alcohol and illegal drugs.
APPENDIX "8" - DRUG AND ALCOHOL POLICY - page 1 of 12
The City requires compliance with this policy as a condition of employment
for qualified applicants or for continued employment for all City employees
and volunteers.
AUTHORITY & RESPONSIBILITY:
The Human Resources Director shall be charged with interpreting and
administering and interpreting this policy to the extent necessary to clarify
it. Supervisors and department heads are responsible to ensure compliance
to this policy within their areas of responsibility.
PROCEDURES AND RELATED INFORMATION
1. PROHIBITED ACTIVITIES
A. On-Duty
1. Employees are expected to work alcohol and drug free in order to
enable safe and efficient job performance.
2. The use, sale, distribution, manufacture, purchase, transfer, storage,
or possession of alcohol or illegal drugs, paraphernalia or the
unauthorized use of prescription drugs or any combination thereof,
while on City premises, in City vehicles, while operating City
equipment, at a job site during work hours or in the scope and course
of City employment is strictly prohibited. Any violation of this
policy is grounds for disciplinary action, up to and including
termination.
3. Employees who report to work and are suspected of being under the
influence of alcohol or drugs will not be allowed to drive themselves
home or elsewhere. Refusal to comply with this rule may result in
immediate termination.
4. Department Heads will have authority to determine if the possession
of alcohol, drugs or paraphernalia is within acceptable circumstances
or guidelines.
B. Off-Duty
I. The off-duty conduct of any employee which results in a criminal
conviction for the possession, use, sale, manufacture or distribution
of illegal drugs will be subject to discipline up to and including
termination.
2. Employees who are acquitted will be returned to work with back
pay, if applicable.
3. Any employee convicted of violating a criminal drug statute on or
away from the workplace must inform the City of such conviction
(including pleas of guilty and nolo contendere) within five days of
APPENDIX "8" - DRUG AND ALCOHOL POLICY - page 2 of 12
the conviction. Notification must be made to the employee's
supervisor or the Human Resources Director. Failure to inform the
City subjects the employee to disciplinary action up to and including
termination.
II. MEDICA TrON PRESCRIBED BY PHYSICIAN
A. The use of drugs/medicine prescribed by a licensed medical practitioner will
be permitted provided that it will not and in fact does not affect work
perfonnance, nor will it impair the employee's ability to safely operate
equipment or machinery. The City reserves the right to have a licensed
medical practitioner who is familiar with the employee's medical history
and assigned duties determine if use of the prescription drug will produce
effects which will increase the risk of injury to the employee or others while
working. If such a finding is made, the City may limit or suspend the work
activity of the employee during the period that the medical practitioner
advises that the employee's ability to perform his or her job safely may be
adversely affected by such medication. Any employee who has been
informed by his/her physician that the prescription drug could cause adverse
side effects while working must inform hislher supervisor prior to using the
medication on the job.
B. Employees must not consume prescribed drugs more often than as
prescribed by the employee's physician and they must not allow any other
person to consume the prescribed drug.
III. DISCIPLINE
A. Any employee who possesses, distributes, sells, attempts to sell, or transfers
illegal drugs on the City of Meridian's premises or while on City business
will be subject to discipline up to and including termination.
B. Any employee who is found to be in possession of or under the influence of
alcohol in violation of this policy will be subject to discipline up to and
including termination.
C. Any employee who is found to be in possession of drug paraphernalia in
violation of this policy will be subject to discipline up to and including
termination.
D. Any employee who is found through alcohol or drug testing to have in his or
her body system a detectable amount of alcohol or an illegal drug as defined
by this policy will be subject to discipline up to and including termination.
Employees voluntarily participating in an alcohol/drug rehabilitation
program recommended by the EAP will not be subject to discipline for
participation in the program. If the employee is required to participate in an
APPENDIX "8" - DRUG AND ALCOHOL POLlCY - page 3 of 12
alcohol and/or drug program the Employee Assistance Program will notify
Human Resources when an employee has completed the rehabilitation
program. Prior to returning back to work an employee must have a negative
test result and after an employee returns to work, he/she will be subject to
unannounced drug and alcohol testing for a period of six (6) months. A
single positive test result or failure to successfully complete the
recommended rehabilitation program will be grounds for disciplinary action
up to and including termination.
E. Any employee who refuses to submit to an alcohol or drug test under the
terms of this policy will be subject to discipline up to and including
termination.
F. Employees who are required to participate in the City's Employee
Assistance Program (EAP) will be subject to termination for the following
policy violations:
1. Failure to contact the EAP within five (5) working days after
notification of a positive test result.
2. Refusal or unexcused failure to participate in counseling or the EAP
program.
3. Abandonment of a treatment program prior to completion and being
released.
IV. EMPLOYEE ASSISTANCE PROGRAM & SELF REFERRAL
A. The City recognizes that alcohol and chemical dependency are highly
complex problems that can be successfully treated. Any employee needing
help in dealing with these problems is encouraged to use the City's
Employee Assistance Program (EAP) and the benefits available through the
City's medical plan. The Human Resources Department has brochures and
cards on the EAP program.
B. Self- Referral
I. Rehabilitation assistance in lieu of discharge may be offered:
2. Any employee, who identifies him/herself to have an alcohol or drug
problem, provided that the request is made prior to violation of the
City's alcohol and drug policy. Employees who self refer to the
Employee Assistance Program (EAP) will not be subject to
disciplinary action for voluntarily requesting help due to alcohol &
drug problems. A request for rehabilitation may not be made in
order to avoid the consequences of a positive alcohol or drug test
result or to avoid taking an alcohol or drug test when requested to do
so under the terms of this policy.
APPENDIX "8" - DRUG AND ALCOHOL POLICY - page 4 of 12
3. To an employee who obtains counseling, evaluation and
rehabilitation treatment recommended through the City's Employee
Assistance Program (EAP).
4. An employee who is in rehabilitation or who has completed
rehabilitation will be allowed to return to work upon presentation of
a written release signed by a licensed physician or recognized
rehabilitation professional. An employee returning to work after
treatment may return to work after taking and passing an alcohol
and/or drug test. Employees who undergo a counseling or
rehabilitation program will be subject to unannounced testing
following completion of such a program for a period of six (6)
months.
5. Employees who are referred to outpatient and/or in-patient alcohol or
drug rehabilitation will be expected to do so at their own expense,
(with the exception of those expenses covered by the City's health
insurance program) on their own time or during a leave of absence,
covered under the Family Medical Leave Act (FMLA) or during a
non-paid leave of absence approved by the City.
6. Affected employees shall, whenever possible, schedule outpatient
rehabilitation treatment during times that will not conflict with the
employee's work schedule, provided however, employees will be
allowed to use vacation or sick leave, or unpaid leave, if outpatient
rehabilitation treatment cannot be scheduled other than during their
regular work schedule.
C. Involuntary Referral
When an employee tests positive for alcohol or drug use (or is identified as
being under the influence of alcohol or drugs at work) as identified in the
City's Alcohol and Drug policy the employee will be sent to the City's EAP
program for assessment, and treatment planning.
V. EDUCATION
A. Supervisors and other management personnel will be trained in:
1. Overall City policy;
2. Detecting the signs and behavior of employees who may be using
alcohol or drugs in violation of this policy;
3. Recognizing and intervening in situations that may involve
violations of this policy;
4. EAP intervention, procedures and supervisor's role;
5. Documentation of employee performance and behavior.
B. Employees will be trained and informed of:
APPENDIX "B" - DRUG AND ALCOHOL POLICY - page 5 of 12
1. The health and safety dangers associated with alcohol and drug use;
2. The provisions of this policy through employee meetings and
employee orientation.
VI. TESTING PROCEDURES
A. PRE-EMPLOYMENT TESTING
1. All applicants given a conditional offer of employment will be
required to submit to testing for the presence of alcohol and illegal
drugs. The offer of employment is contingent upon a negative
alcohol and drug test result. A conditional offer of employment will
be rescinded for any applicant who tests positive for the presence of
alcohol and/or illegal drugs.
2. An applicant will be notified of the City of Meridian's alcohol and
drug testing policy prior to being tested; will be informed in writing
of his or her right to refuse to undergo such testing; and will be
informed that the consequence of refusal is termination of the pre-
employment process.
3. An applicant will be provided written notice of this policy and by
signature will be required to acknowledge receipt and understanding
of the policy.
B. REASONABLE BELIEF TESTING
1. An employee will be tested for alcohol and illegal drugs, or the abuse of
prescription medication, when the employee manifests "reasonable
belief' behavior that would endanger their well being, as well as the
safety of fellow employees or the general public. The basis of suspicion
of alcohol or drug abuse may be a specific, contemporaneous event, or
conduct-evidencing impairment observed over a period of time.
2. An employee who is tested in a "reasonable belief' situation will be put
on administrative leave with pay pending receipt of written tests results
and whatever inquiries may be required.
C. POST- ACCIDENT TESTING
1. Any employee involved in a work-related accident will be tested for the
use of alcohol and illegal drugs, as soon as possible after the accident,
preferably within four (4) hours. Examples of conditions that will
require an employee to take an alcohol and drug test include, but are
not limited to, accidents, that result in:
a. A fatality, personal injury, or injury to another person requiring
transport for medical treatment away from the site of the accident;
APPENDIX "8" - DRUG AND ALCOHOL POLICY - page 6 of 12
b. Damage to equipment or property owned by the City, or by a third
party, that is estimated to exceed $500.
c. Damage to a City vehicle that is estimated to exceed $2000.
2. An employee who is seriously injured and cannot provide a
specimen for testing will be required to authorize the release of
relevant hospital reports, or other documentation, that would indicate
whether there were alcohol or drugs in hislher system at the time of
the accident. Any employee required to be tested under this section
must remain readily available for such testing and the employee may
not consume any alcohol or illegal drugs.
3. If it is determined by management that an employee's accident was
caused by the actions of another, and that there were no unsafe acts
on the part of the employee, the City reserves the right to waive post-
accident testing of the employee. Employees who are involved in a
work-related accident requiring medical treatment are to
immediately inform their supervisor of the accident, so that any
needed alcohol or drug testing may be promptly conducted in
conjunction with their medical treatment.
D. RANDOM TESTING
1. Department Heads and employees in sensitive positions will be
subject to random alcohol and drug testing. For purpose of this
policy, a sensitive position will be defined as a position in which the
duties that are performed as a regular part of the job could reasonably
expect to affect health, safety and security of other City employees or
the general public.
2. Sensitive positions are those that require an employee to:
a. Carry firearms;
b. Have custodial responsibility for illegal drugs;
c. Perform emergency medical, lifesaving, and/or fire suppression
activities.
d. Have supervision over children in the absence of their parents or
adult guardians;
e. Have access to homes and/or businesses in the City;
f. Handle hazardous materials that if mishandled, place City
employees and/or the general public at risk of serious injury.
3. The job functions associated with these positions directly and
immediately relate to public health and safety, the protection of life,
and law enforcement.
4. Random tests will be unannounced and occur throughout the
calendar year. Random selections will be made by a scientifically
valid method that will result in each employee having an equal
chance of being tested each time selections are made. The Human
Resources Director will notify the individual's supervisor and the
APPENDIX "S" - DRUG AND ALCOHOL POLICY - page 7 of 12
individual selected for random testing on the same day the test is
scheduled. The supervisor will be notified within two hours of the
scheduled testing and the employee will be notified immediately
preceding the scheduled testing. Upon notification, the employee
shall proceed immediately to the testing site and at the City's
discretion; employees may be transported or escorted to the testing
site.
5. The annual number of random tests will be no more than fifteen
percent (15%) of the average number of employees subject to
random testing for alcohol and illegal drugs.
6. In implementing the program of random testing the City shall
evaluate periodically whether the numbers of employees tested and
the frequency with which those tests will be administered satisfies
the City goal of achieving a drug-free work force.
E. VOLUNTARY RANDOM TESTING
As part of the City's alcohol and drug free workplace program, employees
not in designated sensitive positions may volunteer for random testing.
Employees who are interested in participating in this program should
contact Human Resources to obtain a volunteer random consent form.
Participation in this program is not a condition of continued employment
with the City and volunteers will be subject to all provisions, conditions and
procedures of the random testing policy.
F. CDL TESTING
In compliance with the Department of Transportation (DOT) ruling 49 CFR
parts 40 and 382, pre-employment, random, reasonable belief and post
accident drug and alcohol testing shall be required for employees in positions
that require a Commercial Drivers License.
VII. DRUG / ALCOHOL SPECIMEN COLLECTION/TESTING PROCEDURES
A. Specimen Collection Procedure
1. When a prospective or present employee is notified that he/she is to
submit to alcohol and drug testing he/she will be given instructions
regarding where and when to report for tests, or at the City's discretion
an employee may be transported or escorted to the place of collection.
A collection specialist who has been trained in collection procedures
will conduct all specimen collections. Testing will be done in
accordance with approved collection procedures.
2. All specimens will be tested for the presence of alcohol and illegal drugs.
All specimens tested for illegal drugs will be done by urine analysis.
Alcohol testing will be done by a Breath Alcohol Technician (BAT)
employed by the collection facility that is trained in operation of an
evidential breath-testing device (EBT). If an individual is unable to take
APPENDIX "8" - DRUG AND ALCOHOL POLICY - page 8 of 12
a breath-test due to a medical condition then a blood test will be
administered.
B. Adulteration Or Submission Of Concealed Specimen
1. If during the collection procedure, the collection monitor detects an
effort by the prospective employee or an employee to adulterate or
substitute a specimen, a second specimen will be requested. If a second
specimen is provided, both will be tested. If the second specimen is
refused, the collection monitor will inform the Human Resources
Director or his/her designee that the donor refused to submit a true
specimen. Such substantiated conduct will be considered equivalent to
testing positive and the prospective employee will not be offered
employment or a present employee will be terminated from further
employment with the City.
2. In the event that a prospective or current employee submits a specimen
that the laboratory later identifies as a diluted specimen, the City will
advise the prospective or current employee of that finding and request
that he/she submit a second specimen. Such donors will be advised by
the City not to drink any fluids prior to the test.
C. Testing and Confirmation
1. The cut-off levels for all Non-Dot testing is as follows:
Drug Class
Amphetamine Family
Cocaine
Phencyclidine (PCP)
Marijuana
Opiates
Screening
1000 ng/ml
300 ng/ml
25 ng/ml
50 ng/ml
2000 ng/ml
Confirmation
500 ng/ml
150 ng/ml
25 ng/ml
15 ng/ml
26 ng/ml
2. The cut-off for alcohol concentration will be on two levels. Any
employee who tests above a level of 0.02 BAC and up to 0.039 BAC
may be subject to discipline, will not be allowed to work for at least
24 hours and must have a negative test result before returning to
work. Any employee who tests at or above 0.04 BAC is considered
to have tested positive and is considered to be under the influence of
alcohol. Positive alcohol tests resulting from the breath test will
include a confirmatory breath test conducted no later than fifteen
(15) minutes after the initial test; or the use of any other
confirmatory test can be used that demonstrates a higher degree of
reliability.
3. Any specimen that screens positive for the presence of illegal drugs
will be confirmed by the Gas Chromatography/Mass Spectrometry
(GC/MS) confirmation method. Any employee who tests positive for
APPENDIX "B" - DRUG AND ALCOHOL POLICY - page 9 of 12
illegal drugs or prescription medication may request to obtain an
independent test using the remaining portion of the urine specimen
that yielded the positive result. The retest is at the applicants or
employees own expense (unless those expenses are covered by the
City insurance program). This request must be conveyed to the MRO
within 48 hours of the employee being notified of the positive test
result.
4. During the time the second test is being conducted, the pre-
employment selection process for an applicant will be placed on
hold. An employee already working for the City will not be allowed
to work. If the retest reverses the positive result, the City shall
reimburse the cost of the retest and any lost of compensation and
benefits that is incurred as a result of the initial positive test results.
The City will have no liability to any employee for errors or
inaccurate test results.
VIII. TEST RESULT NOTIFICATION
A. All results received from the laboratory will be forwarded to the office of
the accredited collection agency for the purpose of their providing medical
review officer services. When a test shows a positive test result the
employee or applicant will be contacted by the Medical Review Officer
(MRO) and will be given the opportunity to provide an explanation for the
positive result. The MRO may choose to conduct employee medical
interviews, review employee medical history, or review any other relevant
biomedical factors. After the employee has been provided an opportunity
to consult with the Medical review officer and the MRO determines that the
test is positive the City will be notified. The collection agency will only
report results to the Human Resource Director or his/her designee.
B. Any employee who is taking a prescription drug that may have been the
cause of a positive test result will be asked to provide the name of the
medication and the identity of the prescribing physician for verification. If
the MRO determines that the positive test result was due to authorized use
of prescription medication, he/she will immediately report a negative
finding to the Human Resource Director or his/her designee and no further
action will be taken. However, if an employee cannot provide a reasonable
explanation for his/her positive test result, and the Medical Review Officer
(MRO) finds no reason to doubt the validity of the positive test, the Human
Resources Director or hislher designee will be notified of the positive test
result and disciplinary action will be taken consistent with the terms of this
policy.
APPENDIX "B" ~ DRUG AND ALCOHOL POLICY - page 10 of 12
IX. REFUSAL
Any employee who refuses to be tested, or fails to provide a specimen or
information as directed under the terms of this policy, will be subject to discipline
up to and including termination.
X. EFFECT OF TESTING POSITIVE
A. Any prospective employee who tests positive for alcohol or illegal drugs
will not be offered employment. Any introductory, temporary or seasonal
employee who tests positive for illegal drugs or alcohol will be terminated.
B. Any classified employee (as defined under the City of Meridian's
employment classifications) that tests positive for alcohol or illegal drugs,
will be subject to disciplinary action consistent with the terms of this policy.
(Refer to the disciplinary section of this policy).
XI. CONFIDENTIALITY
All information relating to drug or alcohol testing or the identification of persons as
users of alcohol and drugs will be protected by the City as confidential and given
out on a need to know basis, unless otherwise required by law, over-riding public
health and safety concerns, or authorized in writing by the person in question.
XII. CONCLUSION
The terms of this alcohol/drug free workplace policy are intended to achieve a work
environment where employees are free from the effects of alcohol and/or drugs.
Employees should be aware that the provisions of this policy may be revised when
necessary. The City anticipates that by implementing an alcohol and drug free
workplace policy, its employees will enjoy the benefits of working in a safer, more
secure, and more productive work environment. The City also anticipates that the
provisions of this policy will help maintain and promote the health, welfare and
safety of the general public.
XIII. DEFINITIONS
i. Alcohol: means any beverage that contains ethyl alcohol (ethanol),
including but not limited to beer, wine and distilled spirits.
11. Applicant: Any individual tentatively selected for employment with the
City.
iii. City premises or City facilities: for the purpose of this policy means all
property of the City of Meridian including, but not limited to, the offices,
facilities, land, and surrounding areas on the City's owned or leased
APPENDIX "S" - DRUG AND ALCOHOL POLICY - page 11 of 12
property, parking lots, and storage areas. The term also includes the City's
owned or leased vehicles and equipment wherever located.
iv. Drug Paraphernalia: Drug related paraphernalia is any unauthorized material
or equipment or item used or designed for use in testing, packaging, storing,
injecting, ingesting, inhaling, or otherwise introducing into the human body
an unauthorized substance.
v. Drug testing: means a urinalysis taken for the purpose of determining
whether drugs are in the person's system or any other testing the City deems
appropriate and reliable.
VI. Employee Assistance Program (EAP): A contract-based counseling program
that offers assessment, short-term counseling, and referral services to
employees for a wide range of alcohol, drug, and mental health problems
and monitors the progress of employees while in treatment.
vii. Illegal drug: means any drug as defined by section 802 (6) of Title 21 of the
United States Code which is not legally obtainable under chapter 13 of that
title. Examples of illegal drugs are cannabis substances, such as marijuana
and hashish, cocaine, opiates, phencyclidine (PCP), and so-called designer
drugs and look-alike drugs or use of a legal drug not prescribed to the
employee.
VIlI. Legal drug means any prescribed drug or over-the-counter drug that has
been legally obtained and is being used for the purpose for which prescribed
or manufactured.
ix. Medical Review Officer: An independent licensed physician who has
knowledge of substance abuse disorders and the appropriate medical
training to interpret and evaluated all positive test results together with an
individual's medical history and any other biomedical information.
X. Reasonable belief: means a belief based on objective facts sufficient to lead
a prudent person to conclude that a particular employee is unable to
satisfactorily perform his or her job duties due to suspected drug or alcohol
impairment.
Xl. Under the influence: means a condition in which a person is affected by a
drug or by alcohol in a detectable manner. A determination of being under
the influence can be established by a scientifically valid test, such as a
breath test or urinalysis.
APPENDIX "B" - DRUG AND ALCOHOL POLICY - page 12 of 12
tJ5-493
CITY OF MERIDIAN
RESOLUTION NO.
BY THE CITY COUNCIL:
BIRD, DONNELL, ROUNTREE, WARDLE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN
AUTHORIZING THE MAYOR TO SIGN, ON BEHALF THE CITY OF
MERIDIAN, AN AGREEMENT ENTITLED "COLLECTIVE LABOR
AGREEMENT", BETWEEN THE CITY OF MERIDIAN AND THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL #2311,
MERIDIAN CHAPTER, EFFECTIVE FROM OCTOBER 1, 2005 UNTIL
SEPTEMBER 30,2007; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Meridian has chosen to enter into a Collective Labor
Agreement with the International Association of Fire Fighters, Local #2311; Meridian
Chapter, organized and existing pursuant to Chapter 18 of Title 44 of the Idaho Code,
denoted as "Collective Labor Agreement", a copy of which is attached to this Resolution,
the reasons and authority for which are set forth in said agreement.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. The Mayor and City Clerk are hereby authorized to enter into and on
behalf of the City of Meridian that agreement denoted as "Collective Labor Agreement",
a copy of which is attached to this Resolution.
Section 2. That this Resolution shall be in full force and effect immediately upon
its adoption and approval.
ADOPTED by the City Council of Meridian, Idaho this 22.."..1 day of
November, 2005.
APPROVED by the Mayor of the City of Meridian, Idaho, this 22 It;! day of
November, 2005.
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